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. III IIIIIIIIIIIIIIII~ <br />999 pC'C <br />~~ <br />~e 'o <br />S~ o <br />::. ~: <br />]g76 <br />Duane Woodard <br />Attorney General + 4 <br />Charles B. Howe l+l~C ~'ittfr of Lnlnrtt~n <br />Chief Deputy Attorney General STATE SERVICES BUILDING <br />DEPARTMENT OF LAW 1525 Sherman Street <br />Richard H. Forman Denver, Coloratlo 60203 <br />Solicitor General OFFICE OF THE ATTORNEY GEM[RAL Phone 866-3611 8 8663621 <br />August 4, 1988 <br />^ l11•~~~ T ~® <br />Duane Gall, Esq. <br />Jones, Meiklejohn, AUG 5 198$ <br />Kehl, and Lyons MINED LANp <br />1625 Broadway, Suite 1600 RECLAMATION DIVISION <br />Denver, CO 80202 <br />RE: Wyoming Fuel Company <br />Purgatoire River fish kill incident <br />Direct contact by yourself with the Water Quality Control <br />Division <br />Dear Mr. Gall: <br />As we discussed in our recent telephone conversation, I am the <br />attorney who represents the Water Quality Control Division (the <br />Division), an agency within the Colorado Department of Health. <br />You indicated to me that your firm represents Wyoming Fuel Com- <br />pany. <br />The Division filed an administrative Notice of Violation, Cease <br />and Desist Order, and Clean-Up Order against Wyoming Fuel Company <br />on April 5, 1988; the notice was amended on May 27, 1988. The <br />notice was largely based on Wyoming Fuel's action in adding a <br />flocculent substance to its discharge, in concentrations which <br />apparently were toxic to a significant number of game fish. <br />Wyoming Fuel was also cited for other violations of the discharge <br />permit issued to it by the Division. Two other state agencies <br />(the Division of Wildlife and the Mined Land Reclamation Board) <br />have taken enforcement action against Wyoming Fuel as a result of <br />the fish kill incident. <br />Extensive meetings have taken place between the agencies, repre- <br />sented by counsel, and Wyoming Fuel, also represent by counsel <br />(Lindeke Trumbly of KN Energy and Felicity Hannay of Davis, <br />Graham, and Stubbs). None of these agencies' claims has been <br />finally resolved as of yet. <br />With respect to the administrative enforcement action brought by <br />the Division, Wyoming Fuel faces potential liability for civil <br />